https://completemarkets.com/company/CompleteMarkets/Articles/content-package/IMMS-Library/TabCategory/article-post/2450/Insurance-Agencies-And-The-Employment-Civil-Rights-Laws-Of-California-And-The-Ninth-Circuit-Part-2/
... , before any demotion or dismissal, and that each step be documented. Desirability of an Employment Contract There is much to be said for having employment contracts with the agency employees, particularly producers. They can clarify the status of a producer as an employee or independent contractor, spell out who owns the expirations, provide for confidentiality of trade secrets to lay the groundwork for statutory trade-secret protection and spell out whether employment is to be at will or whether an employee may be discharged only for good cause. They may also provide, ... that under the agreement the parties are giving up certain rights, such as the right to a jury trial. Conclusion The civil rights laws need not impose any additional expense on an agency, but they do carry a risk of litigation. Knowledge of the law, execution of proper employment contracts and company policies to ensure that the law is followed, and an understanding of which give the employer protection, will reduce the risk of litigation. A sprinkling of the golden rule and maintenance of good personal relations with employees are just as ... 8 ) Sexual Harassment Sexual harassment in employment is a hot legal topic.(9 ) It is an area fraught with danger for an employer, which can be held responsible for the acts of an employee. The employer is strictly liable for sexual harassment by a supervisor in California.(10) On the one hand, the employer needs to give the accused a fair hearing. On the other hand, the employer must investigate such claims immediately, and if true, must take effective action to stop the harassment (dismissing ...